DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Foodmach Pty Ltd
(AG2016/5)

FOODMACH PTY LTD COLLECTIVE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 21 JANUARY 2016

Application for approval of the Foodmach Pty Ltd Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Foodmach Pty Ltd Collective Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Foodmach Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 January 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Price code J, AE417521 PR576329

Annexure A

CaseChat Overview and Summary

The applicant, Foodmach Pty Ltd, sought approval for the Foodmach Pty Ltd Collective Agreement 2015 under the Fair Work Act 2009. The applicant is a company operating in the food processing industry, and the dispute arose in relation to the terms and conditions of employment of the workers represented by the applicant. The matter was heard in the Fair Work Commission, which has the jurisdiction to approve and register certain collective agreements.

The legal issues before the Commission were whether the collective agreement complied with the statutory requirements for approval and whether it was in the best interests of the workers it purported to cover. In particular, the Commission considered whether the agreement provided for appropriate minimum terms and conditions of employment, and whether it adequately protected the rights of the workers.

The Commission found that the collective agreement met the statutory requirements for approval and was in the best interests of the workers it covered. The Commission noted that the agreement provided for a range of terms and conditions that were no less favourable than those provided for in the relevant award, and that it included provisions for additional paid leave, penalty rates, and shift loadings. The Commission also found that the agreement included provisions for the protection of workers' rights, including provisions for dispute resolution and the protection of workers' entitlements in the event of an employer's insolvency.

The Commission approved the Foodmach Pty Ltd Collective Agreement 2015 and registered it under the Fair Work Act. The applicant was directed to take all necessary steps to give effect to the agreement, and the agreement became binding on the parties from the date of registration.

Foodmach Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established